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Home My WebLink AboutSUB201300136 Easements 2013-09-17 Nesse This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel Number 61A-2,61A-01-34A and 61A-01-34B This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT is made this ZB day of 'latch , 2014 by and between LOCHLYN HILL DEVELOPMENT GROUP, LLC, a Virginia limited liability company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: WHEREAS, the Grantor is the owner of that certain real property located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "Variable Width Drainage Easement" and "20' Drainage Easement" to be dedicated to public use, shown on the plat of Kirk Hughes and Associates, dated September 4, 2013 and last revised March 26, 2014, entitled Lochlyn Hill Phases 1 A and 1 B, a copy of which is attached hereto to be recorded with this deed (hereinafter, the "Easement" and the "Plat"). Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS,the Easement is described further as a portion of the following property (the "Property"): Parcel One: All those certain lots or parcels of land situated in the County of Albemarle, Virginia, on the east side of Vegas Court, containing 1,361 square feet and 2,698 square feet, more or less, shown as Parcels 34A and 34B on Albemarle Tax Map Sheet 61A and designated as Reserved Areas, Rio Heights, on a plat by Roger W. Ray &Assoc., Inc., dated December 20, 1993, and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 1377, page 491. Parcel Two: All that certain lot or parcel of land situated in the County of Albemarle, Virginia, on the south side of Pen Park Lane, containing 6.30 acres, more or less, and shown on a plat of Mackie Engineering, Ltd., dated April 12, 1976, last revised April 22, 1976, and recorded in the Clerk's Office of the 1 Version:5/10/13 Nwei Circuit Court of the County of Albemarle, Virginia, in Deed Book 594, page 183. Parcel Three: All that certain lot or parcel of land situated in the Rio Magisterial District of the County of Albemarle, Virginia containing 3,680 square feet, more or less, and more particularly shown and described as "Parcel A" on the plat prepared by Kirk Hughes and Associates labeled "Parcels `A', `Y' and `Z' and New Water Line Easement and an Ingress/Egress Easement Across the Lands of Meadowcreek Development, LLC" dated December 5, 2013 and last updated March 14, 2014 and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 4472, page 387. Parcel One and Parcel Two being all of the same property conveyed to Lochlyn Hill Development Group, LLC, a Virginia limited liability company, by deed from Meadowcreek Development, LLC, a Virginia limited liability company dated January 23, 2014 and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 4456, page 504; and Parcel Three being the same property conveyed to Lochlyn Hill Development Group, LLC by Quit Claim Deed from the City of Charlottesville dated February 14, 2014 and recorded in the Clerks Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 4471, page 320. WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Dedication and Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the Easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. NOW,THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement as shown on the Plat and as referred to herein as the Easement. 2 Version:5/10/13 w � FURTHER,pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however,that the Grantee, at its own expense, shall restore as nearly as possible, the premises to their original condition. This restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However, the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as 3 Version:5/10/13 reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this section if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee nor any other public agency, including the Virginia Department of Transportation, shall be responsible for conducting routine maintenance as described in Section 6 except as expressly provided in this section. 6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The Grantee shall have a temporary construction easement on the lot on which the Easement is located in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement; and further provided that such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Binding effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor,the Grantee, and their successors and assigns. All references herein to the "Grantor" and the "Grantee" include their respective successors and assigns. All references to the "Grantee," when exercising any right or obligation herein, includes the Grantee's officers, employees and agents. The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the 4 Version:5/10/13 conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. 5 Version:5/10/13 WITNESS the following signatures. GRANTOR: Lochlyn • Development oup, LLC / �► By: /w a !R. Stoner, IV, Manager COMMONWEALTH OF VIRGINIA CITE/COUNTY OF c.41Auo'rtESVtue • The foregoing instrument was acknowledged before me this 2r day of M0. 2014 by Frank R. Stoner, IV, as Manager of Lochlyn Hill Development Group, LLC, Grantor. ,,,AA Ty, %blic My Commission Expires: 7/3%/2000 ,, �•��s 0 '• Y P(i .• Registration number: 7ZZOO90 ;s MY • COMMISSION : n t NUMBER ;S ":4.'. 7220040 •'�_ FALTH O`� ..•`. ,iii 6 Version:5/10/13 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Thomas C. Foley t� County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this 3'") day of a r/./ , 2014 by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. /'t / / �o Notary Public ��re��v�� f,l!„ '/�� My Commission Expires 4tk c /7 N Ry Registration number: �� G OTA t� t'UBL\G Approved as to form: � ;.96...� Al�. ' id Cif Attsrn , 7 Version:5/10/13 Community Development Document Review County Attorney's Office TO: Cilris-Zypk-eX Pcr-c, PROJECT NUMBER: Sum 201 00 t 3 Ll' t(q r� lit' Yo/e--- requested that our office review the attached development`�.ddocument identified below: rainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination Other: The document: 4 approved dye,( (c4t.d1 61,- 8/G;h -cre is approved with minor edits as noted on the attached is not approved because: : Signatures or acknowledgement need to be redone(see comment below) : Legal description needs to be revised (see comment below) : Other(see comment below) Comment: If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants' signatures,a final version of the document with the required signatures may now be submitted. / ,y / ^1 Date: 9;3i 5A f Greg it. 1 ,to r Depu• iu At orney